Employee and Employer Contributions
Many corporate 401(k) plans—including the Thermo Fisher Scientific Inc. 401(k) Retirement Plan—include both employee contributions (which are always fully vested) and employer contributions, which may be subject to a vesting schedule. If the participant is not fully vested in employer contributions at the time of divorce, the QDRO must account for this. The alternate payee cannot receive unvested funds, and there is often language required to address forfeitures.

